in the Interest of A.G. and V.G., Children v. Jamie McDonald

• Court: Court of Appeals of Texas
• Decided: February 5, 2018
• Docket: 05-18-00015-CV
• Status: Published

Opinion

DISMISS; and Opinion Filed February 5, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00015-CV

IN THE INTEREST OF A.G. AND V.G., CHILDREN

On Appeal from the 469th Judicial District Court Collin County, Texas Trial Court Cause No. 469-52594-2016

MEMORANDUM OPINION Before Justice Bridges, Myers, and Schenck Opinion by Justice Schenck Before the Court is appellant’s motion to extend time to file the notice of appeal. Generally,

a notice of appeal is due within thirty days after the judgment is signed. See TEX. R. APP. P. 26.1.

However, if a timely motion for new trial is filed, the notice of appeal is due within ninety days of

the date the judgment is signed. Id. 26.1(a). The deadline may be extended if the notice of appeal

is filed within fifteen days of the date it was due and an extension motion providing a reasonable

explanation for the delay is filed. See id. 10.5(b), 26.3. Without a timely filed notice of appeal, an

appellate court lacks jurisdiction. See TEX. R. APP. P. 25.1(b).

Here, appellant challenges the trial court’s final decree of divorce signed on September 8,

2017. The record before us reflects appellant timely filed a motion for new trial on October 6,

2017. See TEX. R. CIV. P. 329b(a). Because the motion for new trial was timely, the notice of

appeal was due on December 7, 2017 or, with an extension motion, on December 22, 2017. See TEX. R. APP. P. 26.1(a), 26.3. Appellant, however, did not file his notice of appeal until January

4, 2018.

Because appellant did not timely file his notice of appeal, we deny the motion to extend

time to file the notice of appeal and dismiss the appeal for want of jurisdiction. See TEX. R. APP.

P. 42.3(a).

/David J. Schenck/ DAVID J. SCHENCK JUSTICE

180015F.P05

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

IN THE INTEREST OF A.G. AND V.G., On Appeal from the 469th Judicial District CHILDREN Court, Collin County, Texas Trial Court Cause No. 469-52594-2016. No. 05-18-00015-CV Opinion delivered by Justice Schenck. Justices Bridges and Myers participating.

In accordance with this Court’s opinion of this date, we DISMISS this appeal.

It is ORDERED that appellee Jamie McDonald recover her costs of this appeal, if any, from appellant David Grantham.

Judgment entered this 5th day of February, 2018.

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